SALERNO v. ESPINOZA

No. 1 CA-CV 04-0687.

115 P.3d 626 (2005)

Fox Joseph SALERNO, Plaintiff/Appellant, v. P.M. ESPINOZA, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department A.

June 23, 2005.


Attorney(s) appearing for the Case

Fox Joseph Salerno, Florence, Plaintiff/Appellant In Propria Persona.

Terry Goddard, Arizona Attorney General, By Michael G. Prost, Assistant Attorney General, Phoenix, Attorneys for Defendant/Appellee.


OPINION

EHRLICH, Judge.

¶ 1 In 2001, the superior court convicted Fox Joseph Salerno of theft, a class 3 felony, and sentenced him to twenty years' imprisonment. Three years later, Salerno filed a civil complaint, asserting a sentencing error based on alleged misconduct by P.M. Espinoza, who, in 2001, had served as the trial judge's deputy clerk. The superior court concluded that Arizona Revised Statutes ("A.R.S.") § 12-821.01 (2003) barred any...

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